Suit Cannot Be Dismissed on Grounds of Res Judicata Without Allowing Party to Respond: Bombay High Court

The Bombay High Court, in a significant ruling, has held that the bar of res judicata under Section 11 of the Civil Procedure Code, 1908, cannot be invoked for the first time in a final judgment unless the issue is framed earlier and the parties are given a proper opportunity to respond. A Division Bench comprising Justice M.S. Sonak and Justice Jitendra Jain set aside a previous ruling of a…